The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to two years of imprisonment on December 16, 2016 by the Daegu District Court for the charge of forging private documents, etc., and the judgment became final and conclusive on December 24, 2016. As above, each of the crimes of forging private documents, etc., for which the judgment became final and conclusive, and each of the crimes of this case, etc., is determined after examining whether to reduce or exempt punishment in line with Article 39(1) of the Criminal Act, in a concurrent relationship between the latter part of Article 37 of the Criminal Act and the latter part of Article 39(1) of the Criminal Act. Therefore, the lower judgment cannot be maintained in this respect.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence were the first head of the lower judgment’s criminal history, and the judgment was finalized on December 24, 2016, when the Defendant was sentenced to two years of imprisonment due to the charge of forging a private document at the Daegu District Court on December 16, 2016.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 347(1) of the Criminal Act, and the choice of fines, respectively;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the most punishment) shall be imposed on concurrent crimes.